Sec. 92-71-001 - General

§ 92-71-001. General

001.01 Purpose of this Chapter

This chapter provides procedures for the formal review of written determinations by Vocational Rehabilitation personnel concerning the provision, of vocational rehabilitation services. This chapter is intended to implement the requirements of 29 U.S.C. 701 et seq., 34 CFR Part 361 et seq., Neb.Rev.Stat. Sections 79-11,121 to 79-11,132 and the Nebraska Administrative Procedures Act.

001.02 Definitions

The following definitions shall apply as used throughout Chapter 71 of these rules and regulations.

001.02A Director shall mean the Director for Vocational Rehabilitation of the Nebraska Department Education.

001.02B Board shall mean the State Board of Education.

001.02C Commissioner shall mean the State Commissioner of Education.

001.02D Contested case shall mean a proceeding before the Department in which the legal rights, duties, or privileges of specific parties are required by Title I of the Vocational Rehabilitation Act of 1973, as amended, or by Neb.Rev.Stat. § 79-11,128, to be determined after a hearing before a hearing officer.

001.02E Department shall mean the Nebraska Department of Education, which is comprised of the Commissioner and the Board.

001.02F Ex parte communication shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:

001.02F1 Communications which do not pertain to the merits of a contested case;

001.02F2 Communications required for the disposition of ex parte matters as authorized by law;

001.02F3 Communications in a ratemaking or rulemaking proceeding; and

001.02F4 Communications to which all parties have given consent.

001.02G Family member shall mean any relative by blood, adoption, or marriage of an individual with a disability and other individual living in the same household with whom the individual with a disability has a close interpersonal relationship.

001.02H Hearing officer shall mean the person or persons conducting a hearing pursuant to this Chapter whether designated as the presiding officer, administrative law judge, or some other title designation.

001.02I Individual with a disability shall mean any individual who has a physical or mental impairment which, for the individual, constitutes or results in a substantial impediment to employment, and can benefit in terms of an employment outcome (as defined in 92 NAC 72) from the provision of vocational rehabilitation services.

001.02J Party means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.

001.02K Petition means the initial document filed with the Director that sets forth a claim and request for action by the Department.

001.02L Petitioner shall mean an individual with a disability who is an applicant for, or recipient of, Vocational Rehabilitation Services who is dissatisfied with any written determination made by Vocational Rehabilitation personnel concerning the provision, of vocational rehabilitation services, and shall include the applicant's representative, if the applicant or recipient lacks capacity.

001.02M Respondent shall mean the Division of Vocational Rehabilitation Services, Nebraska Department of Education.

001.02N Vocational Rehabilitation personnel shall mean any Vocational Rehabilitation staff specialist assigned to work with the applicant or recipient.

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